Thomas Mann Post v. Knudsen Family Ltd. Partnership

The Supreme Court affirmed in part and reversed in part the order of the district court granting summary judgment to Thomas Mann Post No. 81 of the American Legion, department of Montana (Legion) and denying Knudsen Family Limited Partnership's (KFLP) motion for summary judgment against the Town of Culbertson, holding that to the extent the court ostensibly expanded the scope of an easement the ruling was reversed.

This action stemmed from a property dispute as to whether Legion had an easement across KFLP's ranch property to access Legion Park in Culbertson. The Supreme Court reversed the district court's judgment in part, holding (1) to the extent the district court ostensibly expanded a 1913 written easement by granting summary judgment against KFLP on the Town's complaint, this was in error; (2) the district court did not err in ruling that Legion had an implied easement by preexisting use; and (3) the district court erred in awarding attorney fees without holding an evidentiary hearing on the reasonableness of the award.